ANTITRUST ALERT
September 03, 2010

State Aid – Judgment in Deutsche Post case – C-399/08P: the European Court of Justice ("ECJ") has handed down a judgment in the appeal by the Commission against a ruling of the General Court annulling such Commission decision. The Commission decision found that state measures in favour of Deutsche Post amounted to incompatible state aid. The ECJ has upheld the General Court's judgment, finding that the Commission had not examined whether the state measures actually exceeded the costs incurred by Deutsche Post in performing services of general economic interest and had not shown that the measures conferred an advantage on Deutsche Post. link

Article 102 TFEU - Advocate General's opinion on criteria for establishing margin squeeze – Case C-52/09: Advocate General Mazak has provided an opinion on a series of questions referred from a Swedish court on the interpretation of Article 102 TFEU in relation to an alleged abuse of dominance in the form of a margin squeeze. A margin squeeze is a form of refusal of supply and should be analysed in the same way according to the AG. link